Appeal No. 97-0520
Application 08/248,307
consideration by the examiner under the provisions of 37 CFR
§ 1.142(b) as being directed to a nonelected species.2
We REVERSE.
The appellant’s invention pertains to (1) a direction-
indicating holder for a sign which is used to direct people to
a location associated with information on the sign and (2) to a
method of providing a directional indication to people that
utilizes such a holder and sign. Independent claims 1 and 22 are
further illustrative of the appealed subject matter and copies
thereof may be found in the appendix to the appellant’s brief.
The references relied on by the examiner are:
Carmack 2,834,133 May 13, 1958
Nahon 3,696,532 Oct. 10, 1972
Bevan 3,826,026 July 30, 1974
The claims on appeal stand rejected under 35 U.S.C. § 103
in the following manner:
(1) claims 1-4, 6, 7, 9, 15-18 and 20-22 as being
unpatentable over Carmack in view of Bevan and
(2) claims 1, 5, 7, 8, 15 and 19 as being unpatentable over
Carmack in view of Nahon.
Both the appellant and the examiner agree that the amendment filed on2
February 23, 1996 (Paper No. 8), which added claims 24 and 25, has not been
entered. We observe, however, that the clerk inadvertently entered this
amendment.
2
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